손해배상(기)
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.
1. The reasons for the court’s explanation as to this case are as follows. The remaining evidence, other than the evidence presented by the plaintiff and the defendant in addition to the evidence submitted by the plaintiff and the defendant in the court of the first instance, shall be added to insufficient evidence. Thus, it shall be admitted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Part】 The Defendant asserts that the construction of the instant apartment as a quasi-residential area cannot be seen as exceptional, although the damages caused by the infringement of the right to sunshine requires considerable benefits from various aspects, such as the shape of the hazard building and the method of use, etc., but the instant apartment house is a legitimate building that does not violate relevant laws and regulations.
In order to cause the obstruction of light caused by new construction of a building to be an illegal harmful act, the degree of the obstruction of light should exceed the generally accepted limit under the social norms. Even if it is appropriate to regulate public law, if it exceeds the generally accepted limit under the social norms, it can be assessed as an illegal act. Therefore, the defendant's assertion on this different premise
The defendant asserts that since the plaintiff delegated his authority to the Emergency Countermeasure Committee of the apartment of this case including all rights to claim damages arising from the new construction of the apartment of this case, the agreement that the defendant entered into with the Emergency Countermeasure Committee is included in the agreement.
On October 7, 2013, the Defendant reduced the number of floors of the instant apartment to the 10th floor to the 8th floor, which was initially permitted to construct the instant apartment, and completed the construction of the instant apartment, and thereafter, the said emergency countermeasure committee newly constructs the instant apartment.